Ord 2380 First Published Oct 26, 2011

ORDINANCE NO. 2380
AN ORDINANCE LEVYING AND ASSESSING SPECIAL ASSESSMENTS ON CERTAIN LOTS, PIECES AND PARCELS OF LAND LIABLE FOR THE COSTS OF IMPROVEMENTS IN THE KILL CREEK DRAINAGE DISTRICT NO. ONE SANITARY SEWER BENEFIT DISTRICT IN THE CITY OF GARDNER, KANSAS, AND AUTHORIZING THE IMPOSITION OF A BENEFIT FEE FOR SUCH IMPROVEMENTS, ALL PURSUANT TO K.S.A. 12-6a01 ET SEQ. AND REPEALING ORDINANCE NO. 2312 OF THE CITY.
WHEREAS, pursuant to Resolution No. 1669 of the City of Gardner, Kansas (the “City”), adopted on May 16, 2005, as amended by Resolution No. 1715 adopted on September 18, 2006, the City authorized the creation of an improvement district and the construction of the following improvements (the “Improvements”):
Construction of a gravity sanitary sewer main, lift station, force main and all appurtenances related to serving the property generally described as lying south of 151st Street and north of 159th Street, from Four Corners Road to the east one mile, including engineering and easement acquisition. The proposed facilities will be designed and constructed to serve the entire watershed lying south of 151st Street that is not already being served by the existing treatment facility. The gravity sewer will include 13,400 lineal feet of 8” through 21” polyvinyl chloride (PVC) pipe, extending from 151st Street on the north to Four Corners Road on the west and 159th Street on the south. The force main will include 6,300 lineal feet of 12” PVC pipe from the lift station at 151st Street to the existing sewerage treatment plant located south of 159th Street. The pump station will be constructed for an ultimate capacity of 2900 gpm with the initial pumping capacity of 1000 gpm;
WHEREAS, the City has determined the final amount of assessment against each lot, piece or parcel of land deemed to be benefited by the Improvements based on the final cost of the Improvements and the owners of all property liable for the costs of the Improvements have waived the statutory requirement for a public hearing on the proposed special assessments to be levied against property in the improvement district for the cost of construction of the Improvements and have consented to the levy of such assessments without further notice or the establishment of a prepayment period;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION 1. Pursuant to K.S.A. 12-6a01 et seq. (the “Act”), special assessments to pay the costs of the Improvements are hereby levied and assessed against the lots, pieces and parcels of land liable therefor as described in Exhibit A to this Ordinance, which is incorporated herein by reference, and in the amounts set forth on Exhibit A following the description of each lot, piece or parcel of land.
SECTION 2. The amounts so levied and assessed shall be due and payable from and after the date of publication of this Ordinance and such assessments will be levied concurrently with general taxes and be payable in 20 annual installments.

SECTION 3. The City Clerk shall certify to the County Clerk, in the same manner and at the same time as other taxes are certified, for a period of 20 years, all of the assessments, together with interest on such amount thereof at a rate not exceeding the maximum rate as prescribed by the laws of the State of Kansas; and such amounts shall be placed on the tax rolls and collected as other taxes are collected, the levy for each year being a portion of the principal amount of the assessment plus one year’s interest on the amount remaining unpaid.
SECTION 4. During the 20-year installment period established by this Ordinance, the owner of any property that was not assessed for the costs of the Improvement pursuant to this Ordinance who requests to connect to the Improvements shall be charged a benefit fee in the manner set forth in the Act and the amount of any benefit fee received by the City shall be used to reduce the remaining assessments on the property liable for assessments by this Ordinance.
SECTION 5. Ordinance No. 2312 of the City is hereby repealed.
SECTION 6. This Ordinance shall take effect and be in force from and after its publication once in the official City newspaper.
PASSED and APPROVED by the Governing Body of the City of Gardner, Kansas on October 17, 2011.
CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest: Doreen K. Pesek, City Clerk

EXHIBIT A

Legal Description of Property Property (Tax) ID Amount of Assessment
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 22 EAST, CITY OF GARDNER, KANSAS. CF221410-1001 573,746.11
ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 22 EAST, CITY OF GARDNER, KANSAS, BEGINNING 2092.6 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER; EAST 1350.2 FEET; NORTH 921.9 FEET; WEST 1350.2 FEET; SOUTH 921.9 FEET. CF221409-3003 203,244.95
ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 22 EAST, CITY OF GARDNER, KANSAS, EXCEPT 1.29 ACRES AND EXCEPT .011 ACRES AND .572 ACRES IN STREET. CF221409-3002 556,273.11
THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 14 SOUTH, RANGE 22 EAST, CITY OF GARDNER, KANSAS. CF221410-2001 1,137,762.80
ALL THAT PART OF THE EAST HALF, EXCEPT THE NORTH HALF, OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 22 EAST, CITY OF GARDNER, KANSAS, EXCEPT 28.576 ACRES AND EXCEPT .362 ACRES IN STREET. CF221409-3001 1,523,973.04